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BERK v. LOPEZ

278 A.D.2d 156 (2000)

718 N.Y.S.2d 332

LINDA BERK et al., Respondents, v. LUIS A. LOPEZ, Appellant. LINDA BERK, Respondent, v. M.B. PAINTING CORPORATION et al., Appellants and Third-Party Plaintiffs-Respondents-Appellants. LUIS A. LOPEZ, Third-Party Defendant-Appellant-Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided December 28, 2000.

In this personal injury action, plaintiff was injured on June 15, 1993, when her vehicle was struck by the van owned by M.B. Painting Corporation and operated by defendant Bacoka, which, in turn, had been struck in the rear by a vehicle operated by defendant Lopez. The verdict in plaintiff's favor was based on a finding of serious injury, pursuant to Insurance Law § 5102 (d), i.e., "a medically determined injury or impairment of a non-permanent nature which prevent[ed...

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